The recent enactment of Decree-Law No. 13 of 24 February 2023 on “regarding “Urgent provisions for the implementation of the National Recovery and Resilience Plan (NRRP) and the National Plan for Complementary Investments to the NRRP (NPC), and for the implementation of cohesion policies and a common agriculture policy” (the “NRRP-ter Decree”), published in Official Gazette no. 47 of 24 February 2023 and entered into force on 25 February 2023, introduces significant new regulations on the authorisation of plants powered by renewable sources in order to simplify and accelerate the relevant administrative procedures.

In fact, there are many simplification measures which should be looked on with great favour both by economic operators in the renewable energy sector and their financing institutions. First, the clarification on the PAS appeal regime, then also the provisions concerning the redefinition of buffer zones and areas bordering (aree contermini) assets subject to landscape protection, the limitation of the Ministry of Culture’s role, the simplification of the EIA procedure and the removal of the prior verification of archaeological interest, the merging of the EIA and Single Authorisation procedures into one procedure, and the innovations introduced to encourage the spread of renewable energy communities.

Having added this new piece to the process of simplifying authorisation procedures, do the provisions of the NRRP-ter Decree bring new issues or any doubts to be further clarified?

The NRRP-ter Decree must be converted into law within 60 days from its publication to remain effective (i.e., by 25 April 2023) and, upon conversion, the measures it contains could be subject to further modifications.

Our Infrastructure, Energy & Ecological Transition Focus Team breaks down the above matter in the document available here.